Hodges v. Altobello

WALDEN, Judge.

A real estate salesman sued his broker concerning a real estate commission. Jury verdict and judgment were in favor of the salesman in the sum of $13,947.17. Broker appeals. We reverse because the trial proofs were insufficient as a matter of fact and law.

The real estate involved was the Hart Ranch which was part of an estate which was represented by co-executors, Mr. Charles T. Hart, Jr., and the Exchange National Bank of Winter Haven.

Two things are clear. First, it was agreed between the parties that if the salesman procured a sale, the resulting commission would be divided…